Pitchfork, R v

Pitchfork, R v

The minimum term for the appellant's life sentence is set at 28 years, reduced by 2 years from the previously fixed 30 years to reflect exceptional progress in custody, with the allowance for time on remand unaltered. The reviewing judge must consider both judicial recommendations and statutory guidance, and cannot increase the minimum term above that set by the Secretary of State.

Parties
Prosecutor: R; Appellant: Colin Pitchfork
Jurisdiction
England and Wales
Judgment Date
14 May 2009
Procedural Posture
Criminal Appeal / Appeal Against Minimum Term Set for Life Sentence
Outcome
Appeal allowed in part
Legal Topics
Sentencing, Life Imprisonment, Minimum Term Review, Article 6 ECHR, Article 7 ECHR, Exceptional Progress in Custody
Criminal Law Human Rights Law Sentencing Life Imprisonment Minimum Term Review Article 6 ECHR Article 7 ECHR Exceptional Progress in Custody

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Parties

R

Prosecutor

Colin Pitchfork

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Minimum Term Set for Life Sentence

Legal Issues

  1. 1 Whether the minimum term set by the Secretary of State and affirmed by the reviewing judge was correct under the legislative structure and compatible with ECHR Articles 6 and 7
  2. 2 Whether exceptional progress in custody should reduce the minimum term

Ratio Decidendi

The minimum term for the appellant's life sentence is set at 28 years, reduced by 2 years from the previously fixed 30 years to reflect exceptional progress in custody, with the allowance for time on remand unaltered. The reviewing judge must consider both judicial recommendations and statutory guidance, and cannot increase the minimum term above that set by the Secretary of State.

Court Disposition

Appeal allowed in part

Orders

  • Minimum term reduced from 30 years to 28 years to reflect exceptional progress in custody
  • Allowance for time on remand remains unaltered